Marion County Prosecutor Brent Yager talks about the Castle Doctrine in Ohio and how the law applies to residents who want to protect themselves in their homes. / Bill Sinden/The Marion Star

Written by

Tabitha Clark

The Marion Star

FOR MORE INFORMATION:

You can read more about Castle Doctrine, known as Senate Bill 184, at the Ohio State Legislature website: legislature.state.oh.us.

You can also find information at buckeye firearms.org and ohioccw.org.

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MARION -You're sitting at home one night, and someone kicks your door in. What do you, as a homeowner, have a right to do in that situation?

That's where the Castle Doctrine comes in - a law derived from a common law provision that your home is your "castle."

It is an affirmative defense provision, said Brent Yager, Marion County prosecutor. "It says that if you find someone breaking into your car or home, you can use deadly force."

Maj. Bill Collins said the Castle Doctrine basically says "someone has to be in fear for their life, or someone else's life, in order to use deadly force."

Ohio is also a "stand your ground" state. You do not have to attempt to retreat and leave your home if someone is breaking in to rob or hurt you.

Sounds pretty cut and dry, right? It is true the law does tend to fall on the side of the homeowner, as was seen in Oklahoma, which has a similar law, earlier this month when an 18-year-old woman at home with her baby shot and killed an intruder.

Use caution though - all states have different versions of the Castle Doctrine.

"With the internet, you have to be careful about interpreting a court decision or law from the another state and applying it to Marion," Sheriff Tim Bailey of the Marion County Sheriff's Office said.

Yager said the presumption in the Castle Doctrine is the shooting was an act of self-defense. As with every rule, there are exceptions. A few of them are:

» The person entering the house cannot have privilege to be there. For example, you can't throw your spouse out of the house and shoot them when they try to re-enter the home.

» The person has to be trying to enter your home. If someone is on your property, but not attempting to enter your home, you need to call the police so they can be charged with criminal trespassing. You cannot use deadly force.

» If someone has broken into your house, and they are leaving, you cannot use deadly force. It would be hard to explain to a judge or jury why you feared for your life as someone was fleeing your home.

» If you are outside your home and you find someone breaking into your home, you cannot use deadly force. In that case, you need to call 9-1-1 and wait for the police.

» If someone has privilege to be on your property for a short period (mailman, FedEx delivery man, Census worker), and are not attempting to enter your home, you do not have the right to use deadly force.

Does this mean you should run out and buy a weapon or get your concealed carry permit? That is up to each person.

"That's totally a personal choice on someone's part," said Collins. "If getting a gun makes them feel safer in their home, it is their right to do that."

With great power comes great responsibility - Collins said owning a gun carries a lot of safety precautions.

A 2007 report from the American Prosecutors Research Institute found that while people may feel safer because they have the law on their side when there is a break-in, people also feel less safe because they are "uncertain who might be carrying a weapon, who might interpret behavior as threatening, and the potential for people to use deadly force."

One thing that is stressed by law enforcement in these situations is that you should be certain before you fire a shot.

"Pulling a gun on someone holds a lot of responsibility," said Bailey. "If you can, call us and we'll help you."

Bailey said that not everyone is a great shot, especially when trying to shoot a moving, live target. "You could shoot the intruder, or you could shoot at an intruder and hit a neighbor's kid or something. You have no control over that bullet once it leaves the weapon."

Yager also said that this is not a "one size fits all" issue. He said that each individual case is different and the cases are fact-driven. If there is clear evidence that the person was not presenting a threat, you could be charged with a crime.

"I would encourage people to try to not use deadly force," said Yager. "Try to repel the intruder."

If you do choose to have a gun in your home, you should be aware of what is going on in your home, and use caution before firing your weapon.

"We don't want this to turn into the wild west," Yager said. "You have to be careful."

Editor's note: A reference to a case in Oklahoma was originally written incorrectly to say Utah.

Contact Reporter Tabitha Clark at 740-375-5155 or tlclark@marionstar.com. Follow her on Twitter: @TabithaLClark